To: | Cohesity, Inc. (nytef@jonesday.com) |
Subject: | U.S. Trademark Application Serial No. 90033868 - HELIOS - N/A |
Sent: | May 03, 2021 11:49:44 AM |
Sent As: | ecom128@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90033868
Mark: HELIOS
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Correspondence Address: |
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Applicant: Cohesity, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: May 03, 2021
INTRODUCTION
This Office action is in response to applicant’s communication filed on 04/13/2021.
In a previous Office action(s) dated 10/15/2020, the trademark examining attorney refused registration of the applied-for mark based on the following: specimen refusal. In addition, applicant was required to satisfy the following requirement(s): identification of goods and/or services requirement. Applicant was also notified of a prior-filed application which would present a potential refusal of registration under Trademark Act Section 2(d) should it register.
Based on applicant’s response, the trademark examining attorney notes that the following refusals and/or requirement(s) have been obviated: specimen refusal, identification of goods and/or services requirement.
In their communication, applicant did not address the issues raised in the previous Office action regarding the potential refusal of registration under Trademark Act Section 2(d).
Further, the trademark examining attorney is suspending action on the application for the reason(s) stated below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
SUSPENSION OF APPLICATION
The effective filing date of the pending application(s) identified below precedes the filing date of applicant’s application. If the mark in the referenced application(s) registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced application(s) is either registered or abandoned. 37 C.F.R. §2.83(c). A copy of information relevant to this referenced application(s) was sent previously.
-Application Serial No(s). 79270521 (“HELIO”).
CONCLUSION
Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
No response required. Applicant may file a response, but is not required to do so.
/Xu, Elaine/
Trademark Examining Attorney
Law Office 128
(571) 270-5297
elaine.xu@uspto.gov